CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTIONConcluding observations of the Committee on the Rights of the Child

VENEZUELA

1. The Committee
considered the initial report of Venezuela (CRC/C/3/Add.54) and its supplementary
report (CRC/C/3/Add.59) at its 560th and 561st meetings (see CRC/C/SR.560-561),
held on 21 September 1999, and adopted at the 586th meeting, held on 8 October
1999, the following concluding observations.

A. Introduction

2. The Committee
welcomes the submission of the State party's initial report, which included
concrete information on the situation of children, but regrets the late submission
of the written answers to the list of issues (CRC/C/Q/VEN/1). The Committee
also regrets that the high-level delegation from the State party's capital,
directly involved in the implementation of the Convention, was at the last
minute not able to participate in the dialogue. This unforeseen and unfortunate
situation had a negative impact on the dialogue with the State party's delegation.
Many questions posed to the State party's delegation had to be transmitted
to the State party's capital for a written reply. The Committee notes with
appreciation that the replies to these questions were submitted on the agreed
deadline, allowing the Committee to make a good assessment of the situation
of children's rights in Venezuela.

B. Positive aspects

3. The Committee
welcomes the adoption of the Organic Law for the Protection of Children and
Adolescents (1999), which reflects the principles and provisions of the Convention.
The Committee takes note that this legislation will enter into force in April
2000.

4. The implementation
of several programmes for children, in the context of the Agenda Venezuela
and of the development programme "Bolivar 2000", as well as the creation of
the Fondo Unico Social (Social Development Fund), which include poverty
alleviation measures, are welcomed by the Committee.

5. The Committee
welcomes the existence of a partnership between the authorities of the State
party and non-governmental organizations (NGOs) working for and with children.

6. The State party's
accession to the Hague Convention of 1993 on the Protection of Children and
Cooperation in Respect of Intercountry Adoption is also welcomed by the Committee.

7. The Committee
welcomes the ratification by the State party of International Labour Organization
(ILO) Convention No. 138 concerning minimum age for admission to employment
as well as the signing (in 1996) of a memorandum of understanding with ILO/IPEC
for the eradication of child labour.

C. Factors and difficulties impeding progress in the implementation of
the Convention

8. The Committee
notes that widespread poverty and long-standing economic and social disparities
within the State party have had a negative impact on the situation of children
and have impeded the full implementation of the Convention. The Committee
also notes that this situation has been particularly aggravated by severe
economic crises and drastic economic reforms.

9. The Committee
acknowledges that the State party is going through an important process of
political, social and economic transformation, which is a positive fact, but
the Committee is concerned that this transformation might result in a considerable
slowing down of the efforts to implement the Convention fully.

D. Principal subjects of concern and the Committee's recommendations

D.1. General measures
of implementation

10. The Committee
notes with appreciation the information provided by the State party's delegation
that the National Constituent Assembly, in charge of drafting the text of
the new national Constitution, is considering introducing a chapter on human
rights, including a section on the rights of the child. The Committee encourages
the State party to continue in its efforts to introduce the promotion and
protection of human rights, including of the rights of the child, in its new
Constitution.

11. With regard to
the entry into force of the Organic Law for the Protection of Children and
Adolescents (Ley Organica para la Protección de Niños y Adolescentes), while
noting the measures taken by the State party in preparation for the implementation
of this law, the Committee remains concerned about the lack of a comprehensive
plan, including the required financial and human resources, and the administrative
reform necessary for the full implementation of this legislation. In this
regard, the Committee recommends that the State party give priority to the
process of implementation of the new Organic Law for the Protection of Children
and Adolescents. The Committee further recommends that the State party take
effective measures, including the allocation of sufficient levels of resources,
both financial and human, for the full implementation of this legislation.

12. Taking into account
the current process of institutional reform and taking note that the new Organic
Law for the Protection of Children and Adolescents provides for the creation
of the National System for the Protection and Integral Development of Children
and Adolescents, the Committee remains concerned about the inadequate levels
of coordination and monitoring to guarantee the implementation of the Convention.
The Committee recommends that the State party take effective measures in order
to strengthen coordination among the various governmental bodies at the federal,
State and municipal levels involved in the implementation of the Convention.
In this regard, the Committee recommends that the State party take effective
measures to ensure the establishment of the National System for the Protection
of Children and Adolescents. Furthermore, the Committee recommends that the
State party guarantee the participation of non-governmental organizations
in the new coordination mechanism to be established.

13. The Committee
welcomes the efforts undertaken by the State party, in particular by the National
Children's Institute (INAM) and the Central Office of Statistics (OCEI), in
cooperation with UNICEF and non-governmental organizations, to develop indicators
for monitoring the implementation of policies and programmes for children,
but it remains concerned that disaggregated data and indicators have not been
developed for all areas covered by the Convention. The Committee recommends
that the State party continue developing a comprehensive system for the collection
of disaggregated data, in order to gather all necessary information on the
situation of all children under 18 years of age, including children belonging
to vulnerable groups, in the various areas covered by the Convention.

14. While recognizing
the efforts of the State party to disseminate the Convention, the Committee
is of the opinion that these measures need to be strengthened, especially
to facilitate the entry into force of the Organic Law for the Protection of
Children and Adolescents. The Committee encourages the State party to reinforce
its efforts to make the provisions and principles of the Convention widely
known and understood by adults and children alike. Special attention should
be paid to increasing awareness of the Convention and to its relationship
with the new Organic Law for the Protection of Children and Adolescents.

15. Although the
Committee takes note of the efforts of the State party to carry out sensitization
programmes on the Convention for local authorities, it considers that training
programmes for professional groups working with and for children need to be
further developed. The Committee recommends that the State party reinforce
its sensitization and training programmes for all professional groups working
with and for children, such as judges, lawyers, law enforcement and army officials,
civil servants, personnel working in institutions and places of detention
for children, teachers and health personnel, including psychologists and social
workers. The Committee encourages the State party to consider seeking to this
effect international cooperation from, inter alia, the Office of the
High Commissioner for Human Rights and UNICEF.

16. While the Committee
welcomes the establishment of several social programmes for children, it remains
concerned that policies for children are fragmented and that a comprehensive
national strategy for the implementation of children's rights is lacking.
The Committee recommends that the State party give priority to the full implementation
of article 4 of the Convention and ensure the appropriate distribution of
resources at the central and local levels. Budget allocations for the implementation
of the economic, social and cultural rights of children should be ensured
"to the maximum extent of available ... resources and, where needed, within
the framework of international cooperation" (art. 4 of the Convention). The
Committee also recommends that the State party take effective measures for
the full implementation of a national policy on the rights of the child, with
due regard for the holistic nature of the Convention.

D.2. Definition
of the child

17. The Committee
is concerned about the different legal minimum ages for marriage for boys
(16) and girls (14), as established in the State party's Civil Code. The Committee
considers that this is contrary to the principles and provisions of the Convention,
especially its articles 2 and 3. The Committee recommends that the State party
harmonize and increase the legal minimum legal ages for marriage. It further
recommends that the State party undertake awareness raising campaigns on the
negative effects of early marriage.

D.3. General principles

18. While the Committee
is aware of the measures taken by the State party to improve the situation
of the most vulnerable groups of children, it is still concerned at the existence
of discrimination on the basis of ethnic origin and gender. Additionally,
the Committee expresses its concern at the growing number of population living
in poor urban and marginalized areas. The Committee recommends the State Party
to continue taking effective measures to reduce economic and social disparities.
Measures to prevent discrimination against the most disadvantaged groups of
children, including girls, children belonging to indigenous and other ethnic
groups, children with disabilities, children born out of wedlock and children
living and/or working in the streets, should be reinforced.

19. The Committee
is concerned that two general principles of the Convention, as laid down in
articles 3 (best interests of the child) and 12 (respect of the views of the
child), are not fully applied and duly integrated in the implementation of
the policies and programmes of the State party. The Committee recommends that
further efforts be made to ensure the implementation of the principles of
"best interests of the child" and "respect for the views of the child", especially
his or her rights to participate in the family, at school, within other institutions
and in society in general. These principles should also be reflected in all
policies and programmes relating to children. Awareness raising among the
public at large, including community leaders, as well as educational programmes
on the implementation of these principles, should be reinforced in order to
change traditional perceptions of children as objects rather than subjects
of rights.

20. With regard to
article 6 of the Convention, the Committee expresses its concern about the
alleged cases of killings of children during anti-crime operations. The Committee
recommends that the State party undertake effective measures to prevent these
type of situations and, in order to avoid impunity of the alleged perpetrators,
use its judicial mechanisms effectively to investigate these killings.

D.4. Civil rights
and freedoms

21. The Committee
welcomes the measures taken by the State party in the area of birth registration,
especially those recently implemented in the framework of the National Plan
on Birth Registration, but it remains concerned at the large number of children
without birth certificates and at the related impact on the enjoyment of their
rights. Particular concern is expressed in this area with regard to the situation
of children belonging to indigenous groups and to illegal immigrant families.
In the light of article 7 of the Convention, the Committee recommends that
the State Party continue its efforts to ensure the immediate registration
of the birth of all children, including measures in cooperation with non-governmental
organizations and with the support of international organizations, to ensure
that birth registration procedures are widely known and understood by the
population at large. In this regard, the situation of children belonging to
indigenous groups and to illegal immigrant families deserves special attention.

22. With regard to
the State party's initiatives to promote children's participatory rights,
such as the Children and Youth Parliaments and school governments, the Committee
is concerned about the insufficiency of these measures and the lack of follow-up
and evaluation of the current initiatives. The Committee recommends that these
measures should be strengthened to promote the participation of children in
the family, in the community, in school and in other social institutions,
as well as to ensure the effective enjoyment by them of their fundamental
freedoms, including freedom of opinion, expression and association.

23. The Committee
expresses its concern at the persistent allegations about children being detained
in conditions which amount to cruel, inhuman or degrading treatment, and about
children being physically ill-treated by members of the police or the armed
forces. In the light of article 37 and other related articles of the Convention,
the Committee recommends that the State party use its judicial mechanisms
effectively to deal with complaints of police brutality, ill-treatment and
abuse of children, and that cases of violence and abuse against children be
duly investigated in order to avoid the impunity of perpetrators.

D.5. Family environment
and alternative care

24. The Committee
welcomes the measures taken to eliminate irregularities in the procedures
concerning adoption (e.g., direct placement of children, known as entrega
inmediata), but it remains concerned that the State party has not reformed
its domestic legislation relating to intercountry adoption in accordance with
the obligations established under the Hague Convention of 1993 on the Protection
of Children and Co-operation in respect of Intercountry Adoption. The Committee
recommends that the State party enact specific legislation regulating the
process of intercountry adoption to make it comply with the international
obligations established in the Hague Convention of 1993 on the Protection
of Children and Co-operation in respect of Intercountry Adoption. Furthermore,
the Committee suggests that the State party consider withdrawing its declarations
made under article 21 (b) and (d) of the Convention, in view of the fact that
these declarations have become irrelevant as a result of the State party's
accession to the above-mentioned Hague Convention.

25. The Committee
is concerned that child abuse and neglect are reported to be widespread in
the State party. In this regard, concern is expressed at the insufficient
awareness of the harmful consequences of neglect and abuse, including sexual
abuse, both within and outside the family; at the insufficient financial and
trained human resources allocated to prevent abuse and neglect, and at the
insufficient rehabilitation measures and facilities available for victims.
In the light of, inter alia, articles 19 and 39 of the Convention,
the Committee recommends that the State party continue taking all appropriate
measures to prevent and combat child abuse and neglect of children within
the family, at school and in society at large, including setting up multidisciplinary
treatment and rehabilitation programmes. It suggests that law enforcement
should be strengthened with respect to such crimes and that procedures and
mechanisms to deal with complaints of child abuse should be reinforced in
order to provide children with prompt access to justice, in order to avoid
impunity of the offenders. Furthermore, educational programmes should be established
to combat traditional attitudes in society regarding this issue. The Committee
encourages the State party to consider seeking international cooperation to
this effect from, inter alia, UNICEF and international non-governmental
organizations.

D.6. Basic health
and welfare

26. While taking
note of the State party's achievements in the area of basic health and welfare,
the Committee is concerned at the negative impact of the declining economic
situation on the health of children, in particular the deterioration of infant
and under five mortality rates, as well as at the prevalence of malnutrition
among children. The Committee recommends that the State party continue taking
all appropriate measures, including through international cooperation, to
ensure access to basic health care and services for all children. More concerted
efforts need to be taken to combat malnutrition and ensure the adoption and
implementation of a national nutritional policy and action plan for children.
The Committee also recommends that the State party undertake initiatives relating
to the reduction of infant mortality, for instance the "Integrated management
of childhood illnesses" (IMCI), a joint programme of WHO and UNICEF.

27. While welcoming
the State party's initiatives in the field of adolescent health, in particular
the National Plan for the Prevention of Early Pregnancy, the Committee expresses
its concern at the still high teenage maternal mortality and pregnancy rates,
at the insufficient access by teenagers to reproductive health education and
counselling services, including outside school; and at the increasing incidence
of HIV/AIDS, STDs and drug and substance abuse (e.g., glue-sniffing) among
children and adolescents. The Committee suggests that a comprehensive and
multidisciplinary study be undertaken of the scope of the phenomenon of adolescent
health problems, especially with regard to early pregnancy and maternal mortality.
The Committee recommends that the State party adopt comprehensive adolescent
health policies and strengthen reproductive health education and counselling
services. The Committee further recommends the State party continue taking
measures for the prevention of HIV/AIDS and take into consideration the Committee's
recommendations adopted on its day of general discussion on "Children living
in a world with HIV/AIDS" (CRC/C/80). The Committee also recommends that further
efforts, both financial and human, be undertaken for the development of child
friendly counselling services, as well as care and rehabilitation facilities
for adolescents. Measures to combat and prevent substance abuse among children
should be strengthened.

D.7. Education,
leisure and cultural activities

28. The Committee
welcomes the State party's efforts in the field of education, in particular
the inclusion of human rights teaching, including children's rights, in the
school curricula, but it remains concerned about the high drop-out and repetition
rates in primary and secondary schools, regional disparities in access to
education, the insufficient number of well-trained teaching staff and children's
limited access to material and textbooks. In the light of articles 28 and
other related articles of the Convention, the Committee recommends that the
State party continue its efforts in the field of education by strengthening
its policies and system in order to improve ongoing retention programmes and
vocational training for drop-out students; to improve school infrastructure;
to continue with curricular reform, including teaching methodologies; to eradicate
regional disparities with reference to school enrolment and attendance; and
to implement special education programmes, taking into account the needs of
working children.

D.8. Special protection
measures

29. The Committee
remains concerned about the lack of specific legal provisions for the protection
of unaccompanied refugee and asylum-seeking children. This is a concern owing
to the increasing number of refugees in the State party. The Committee recommends
that the State party enact legislation that reflects international standards
for the protection of refugee children. The Committee suggests that the State
party consider acceding to the 1954 Convention relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of Statelessness.

30. The Committee
is aware of the measures taken by the State party, in particular by the Direction
of Indigenous Affairs of the Ministry of Education, but it remains concerned
about the living conditions of children belonging to indigenous and ethnic
groups, especially with regard to the full enjoyment of all the rights enshrined
in the Convention. In the light of articles 2 and 30 of the Convention, the
Committee recommends that the State party take effective measures to protect
children belonging to indigenous and ethnic groups against discrimination
and to guarantee their enjoyment of all the rights recognized by the Convention
on the Rights of the Child.

31. The Committee
remains concerned that a large number of children are still involved in labour
activities, particularly in the informal sector, including domestic workers,
and in the family context. Concern is also expressed about the insufficient
law enforcement and lack of adequate monitoring mechanisms to address this
situation. In the light of, inter alia, articles 3, 6 and 32 of the
Convention, the Committee recommends that the State party continue working
in cooperation with ILO/IPEC for the establishment and implementation of a
national plan for the elimination of child labour and undertake all the actions
envisaged in the Memorandum of Understanding with ILO/IPEC. The situation
of children involved in hazardous labour, especially in the informal sector
where the majority of working children are found, deserves special attention.
The Committee also recommends that child labour laws be enforced, that labour
inspectorates be strengthened, and that penalties be imposed in cases of violation.
The Committee encourages the State party to consider ratifying the new ILO
Convention (No. 182) concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour (1999).

32. The Committee
expresses its concern at the absence of data and of a comprehensive study
on the issue of sexual commercial exploitation and sexual abuse of children,
at the lack of a national plan of action to address this issue and at the
inadequacy of the State party's legislation to deal with it. In the light
of article 34 and other related articles of the Convention, the Committee
recommends that the State party undertake studies with a view to designing
and implementing appropriate policies and measures, including care and rehabilitation,
to prevent and combat this phenomenon. The Committee recommends that the State
party take into account the recommendations formulated in the Agenda for Action
adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation
of Children.

33. While the Committee
notes the information submitted by the State party on the trafficking and
sale of Ecuadorean children and welcomes the measures undertaken by the State
party's authorities to combat this phenomenon, the Committee is of the opinion
that measures in this regard need to be strengthened. The Committee recommends
that measures be taken, on an urgent basis, to strengthen law enforcement
and to implement the State party's national programme of prevention. In an
effort to combat effectively intercountry trafficking and sale of children,
the Committee suggests that the State party increase its efforts in the area
of regional agreements with neighbouring countries. Rehabilitation measures
for the child victims of trafficking and sale should be established.

34. With regard to
the juvenile justice system, the Committee is concerned about:

(a) The general
situation of the administration of juvenile justice and in particular its
compatibility with the Convention and other recognized international standards;

(b) The fact that
deprivation of liberty is not used as a measure of last resort;

(c) The situation
of overcrowding in detention facilities;

(d) The placement
of minors in adult detention facilities; and

(e) The insufficiency
of facilities and programmes for the physical and psychological recovery and
social reintegration of juveniles.

The Committee recommends
that the State party:

(a) Take additional
measures to reform the juvenile justice system in accordance with the Convention,
in particular articles 37, 40 and 39, and with other United Nations standards
in this field, such as the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for
the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty;

(b) Consider deprivation
of liberty only as a measure of last resort and for the shortest possible
period of time, protect the rights of children deprived of their liberty and
ensure that children remain in contact with their families while in the juvenile
justice system;

(c) Introduce training
programmes on relevant international standards for all professionals involved
with the juvenile justice system;

(d) Seek technical
assistance in the area of juvenile justice and police training from, inter
alia, the Office of the High Commissioner for Human Rights, the Centre
for International Crime Prevention, UNICEF and the International Network on
Juvenile Justice, through the Coordination Panel on Technical Advice and Assistance
in Juvenile Justice.

35. Finally, in the
light of article 44, paragraph 6, of the Convention, the Committee recommends
that the initial report and written replies submitted by the State party be
made widely available to the public at large and that consideration be given
to publication of the report, along with the relevant summary records and
concluding observations adopted thereon by the Committee. Such a document
should be widely distributed in order to generate debate and awareness of
the Convention, its implementation and monitoring within the Government, the
Parliament and the general public, including concerned non-governmental organizations.